12. Non-compliance with CPD requirements

An application for a waiver of any CPD requirement shall be made to the Director —

in such form and manner as the Director may require;

within such period as the Director may specify; and

be accompanied by such documents as the Director may require.

For the purposes of paragraph (1), the Director may require an applicant —

to provide, in addition to any documents referred to in paragraph (1)(c), such other evidence as the Director considers necessary;

to depose to any facts relevant to the application by a statutory declaration; and

to attend an interview.

The Director shall cause an application under paragraph (1) to be referred to the Compliance Committee as soon as practicable.

Upon considering an application under paragraph (1), the Compliance Committee may —

grant the applicant a full or partial waiver of the CPD requirement, subject to such conditions as the Compliance Committee may think fit to impose;

extend the time for complying with the CPD requirement, subject to such conditions as the Compliance Committee may think fit to impose; or

refuse the application.

The applicant shall comply with every condition imposed under paragraph (4)(a) or (b).

Where a solicitor or foreign practitioner has failed to comply with any CPD requirement, the Compliance Committee may, after giving him a reasonable opportunity to be heard —

issue a written notice to him directing him to comply with such requirements as may be specified in the notice;

recommend that the Institute issue a private reprimand to him;

recommend that the Institute —

make a complaint of his conduct under section 85(1) of the Act; or

refer information touching upon his conduct under section 85(3) of the Act; or

determine that no action be taken against him.

Where the Compliance Committee has issued a written notice under paragraph (6)(a) to a solicitor or foreign practitioner, the solicitor or foreign practitioner shall comply with the requirements specified in the notice within such period as may be specified in the notice.

An application for a waiver of any CPD requirement shall be made to the Director —

in such form and manner as the Director may require;

within such period as the Director may specify; and

be accompanied by such documents as the Director may require.

For the purposes of paragraph (1), the Director may require an applicant —

to provide, in addition to any documents referred to in paragraph (1)(c), such other evidence as the Director considers necessary;

to depose to any facts relevant to the application by a statutory declaration; and

to attend an interview.

The Director shall cause an application under paragraph (1) to be referred to the Compliance Committee as soon as practicable.

Upon considering an application under paragraph (1), the Compliance Committee may —

grant the applicant a full or partial waiver of the CPD requirement, subject to such conditions as the Compliance Committee may think fit to impose;

extend the time for complying with the CPD requirement, subject to such conditions as the Compliance Committee may think fit to impose; or

refuse the application.

The applicant shall comply with every condition imposed under paragraph (4)(a) or (b).

Where a solicitor or foreign practitioner has failed to comply with any CPD requirement, the Compliance Committee may, after giving him a reasonable opportunity to be heard —

issue a written notice to him directing him to comply with such requirements as may be specified in the notice;

recommend that the Institute issue a private reprimand to him;

recommend that the Institute —

make a complaint of his conduct under section 85(1) of the Act; or

refer information touching upon his conduct under section 85(3) of the Act; or

determine that no action be taken against him.

Where the Compliance Committee has issued a written notice under paragraph (6)(a) to a solicitor or foreign practitioner, the solicitor or foreign practitioner shall comply with the requirements specified in the notice within such period as may be specified in the notice.